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UNITED STATES V. POLAND, 251 U. S. 221 (1920)
U.S. Supreme Court
United States v. Poland, 251 U.S. 221 (1919)
United States v. Poland
Argued November 19, 1919
Decided January 5, 1920
251 U.S. 221
A bill to set aside a patent partly because of a false representation alleged to have been made in an affidavit filed with the land officials held not sustainable upon the ground of fraud, it appearing from the affidavit as set forth that the representation was not as alleged, and the bill also showing that the fact in question was clearly disclosed by the application and other entry papers. P. 251 U. S. 224.
But where the facts alleged show that the patent was issued in violation of law, the bill states a case for cancellation. P. 251 U. S. 227.
The Act of March 3, 1903, c. 1002, 32 Stat. 1028, in providing that "no more than one hundred and sixty acres shall be entered in any single body" by means of soldiers' additional homestead rights, in Alaska, while leaving the holder of several such rights free to exercise all of them and to make as many entries as his rights will sustain, prohibits him from using them to enter and acquire more than 160 acres in a single body, whether through one or more entries. P. 251 U. S. 225.
This provision is wholly distinct from the provision of the same act limiting entries to 160 rods along the shores of navigable waters and reserving 80 rods of shore between claims. P. 251 U. S. 227.
The defense of bona fide purchase must be set up and established affirmatively by the defendant in a suit to set aside a patent. Id.
One who, without fraud, has secured a patent by means of soldiers' additional homestead rights which is cancelled because issued in violation of law, is free to exercise the rights by which it was obtained, and, under the Act of June 16, 1880, c. 244, 21 Stat. 287, may apply for repayment of the fees and commissions paid to the land officers. P. 251 U. S. 228.
231 F. 810 reversed.
The case is stated in the opinion.
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